HomeMy WebLinkAboutStaff Report 251-07 ACity of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER
JULY 9, 2007
DEPARTMENT: PUBLIC WORKS
CMR:251:07
SUBJECT:APPROVAL OF A CONTRACT WITH BOND BLACKTOP, INC., IN THE
AMOUNT OF $556,812 FOR PHASE 1 AND APPROVAL OF A
CONTRACT WITH C.F. ARCHIBALD PAVING, INC., IN THE AMOUNT
OF $2,101,185 FOR PHASE 2 OF THE 2007 STREET MAINTENANCE
PROGRAM, CAPITAL IMPROVEMENT PROGRAM PROJECT PE-
86070
RECOMMENDATION
Staff recommends that Council:
1. Authorizethe City Manager or his designee to execute the attached contract (Attachment
A) in the amount of $556,812 with Bond Blacktop, Inc. for the 2007 Street Maintenance
Program, Phase 1 - Capital Improvement Program Project PE-86070; and
Authorize the City Manager or his designee to execute the attached contract (Attachment
B) in the amount of $2,101,185 with C.F. Archibald Paving, Inc., for the 2007 Street
Maintenance Program, Phase 2 - Capital Improvement Program Project PE-86070; and
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Bond Blacktop, Inc., for related, additional but unforeseen
work that may develop during the project, the total value of which shall not exceed
$55,681.
6
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with C.F. Archibald Paving, Inc., for related, additional but
unforeseen work that may develop during the project, the total value of which shall not
exceed $210,118.
BACKGROUND
Annually, Public Works Engineering manages the resurfacing and reconstruction of various City
streets. The candidate streets are surveyed and rated biannually by a computerized pavement
management system (PMMS), approved and certified by the Metropolitan Transportation
Commission (MTC). This computerized software assists the Public Works Engineering to
evaluate and prioritize the maintenance of the City of Palo Alto’s pavement infrastructure and
develop cost-effective treatment strategies and schedules. The PMMS is a successful planning
tool that ensures City of Palo Alto is maximizing the benefit to existing pavement while
improving the overall infrastructure with the current budget available by utilizing cost effective
CMR:251:06 Page 1 of 6
methods of preventative maintenance, while also reconstructing older and deteriorated streets
with new asphalt overlays.
Staff implemented recommendations contained in the Audit of Street Maintenance dated March,
2006, by increasing the volume of preventative maintenance and addressing the backlog utilizing
an additional $250,000 annual increase in the project budget starting in FY 2007-08. Further
cost savings have resulted by bidding and constructing the annual project in multiple phases. In
addition, staff has aggressively sought outside grant funding to supplement the current budget
and increased included in the FY 2007-08 Municipal Fee Schedule. Public Works
Engineering’s street resurfacing contracts are now on an accelerated program, with contracts
being awarded within the first month of the fiscal year, immediately utilizing annual funding
sources. City staff continues to improve coordination efforts with other divisions/departments
(particularly Utilities) and private developments to reduce street degradation and maintain
structural integrity of City streets.
DISCUSSION
The annual project has typically encompassed about eight lane miles ofasphalt concrete paving
and eight lane miles of slurry sealing, with a project budget averaging $1.9 million for all phases
of the project. The preventive maintenance portion of the 2007 Street Maintenance Program
Phase 1 will slurry seal seven lane miles and cape seal 15 lane miles of streets. The Phase 2,
project will overlay six lane miles of roadway.
Phase 1 Scope of Work
The Phase 1 project will incorporate cape sealing as a preventative maintenance treatment for the
fourth consecutive year. A cape seal includes a two-part process of a chip seal and a slurry seal
as a final coat. The chip seal contains small aggregate that bonds with oil and an asphalt
concrete rejuvenating agent applied to the pavement surface. The road is open to traffic at
reduced speeds within half an hour after the chip seal application. A slurry seal is applied within
twenty four to forty-eight hours after the chip seal. Part of this preventative maintenance project
includes related work such as lane striping, replacement of bike lanes with the City’s new bike
lane legend, crosswalk striping, crack sealing and cape sealing most of the Water Quality Control
Plant parking lot. Approximately thirty percent of the total annual street maintenance program
budget will be spent on this Phase 1 preventative maintenance project. Attachment C lists all
streets in the Phase 1 project.
Phase 2 Scope of Work
In Phase 2, the City’s second Targeted Work Zone (TWZ) will be completed by paving almost
every street simultaneously in the South of Forest Area neighborhood (SOFA). The first TWZ
was the Charleston!Arastradero Corridor trial project completed last summer. A TWZ is a
location in which all utility work has been installed at accelerated schedules and most private
development has been finalized to accommodate the paving restoration schedule of Public Works
Department annual street maintenance projects. During the coordination meetings over the last
few years, staff has aggressively targeted the South of Forest Area (SOFA). Utilities has
completed their work and Public Works Operations is in the process of completing the concrete
street repairs in SOFA, so that paving almost all of the SOFA area will occur in the Phase 2
project. Staff is working on developing plans and timelines to complete work in targeted areas
for College Terrace and other neighborhoods. These targeted areas will be resurfaced over the
CMR:251:07 Page 2 of 6
next several years after utility work is completed in each area to prevent trenching in newly
paved streets. In addition, $336,000 of concrete work is being done by the Public Works
Operations Sidewalks Replacement contract prior to the Phase 2 overlay work. This
coordination results in cost savings to carry the resurfacing dollars even further.
Phase 2 includes approximately $680,000 of work that is funded from grants. Over the past few
years the Planning and Transportation Division has been developing a bicycle boulevard traffic
calming project on Maybell Avenue. In December 2006 the City received a grant funding
allocation from the State of Califomia’s Safe Routes to School program for construction of a
new bike pedestrian pathway on the north side of Maybell Way. Transportation and Public
Works Engineering staff have worked together to combine the traffic calming, road
reconstruction and pathway improvements to provide a well-coordinated and cost- effective
project. The Maybell Avenue portion of the Phase 2 includes pavement replacement and new
valley gutters to be installed on Maybell Avenue from Coulombe Street to Thain Way. A
concrete pathway will be installed on one side of Maybell Avenue from Juana Briones
Elementary School to the existing sidewalk at Thain Way. Four median safety refuge islands
will be installed in the crosswalks in front of the school and Juana Briones Park; and five (5)
speed tables will be installed along this school corridor: four on Maybell Avenue and one on
Donald Drive. A federal grant of $557,000 of Surface Transportation Program (STP) will be
used to resurface Newell Road from Hamilton Avenue to Embarcadero Road. After waiting
several years for .ntility work to be finalized and the completion of the 2006 Public Works
sidewalk replacement project, this bicycle corridor will be completely restored with new asphalt
and bike lane striping.
In addition, the Phase 2 Contract will incorporate the removal and replacement of approximately
200,000 square feet of broken asphalt and replace pavement striping in Foothills Park from the
entrance gate to the Boronda Lake with funds from Parks CIP OS-07000.
Part of the asphalt overlay work includes related work such as lane striping and various concrete
work such as replacement of curb ramps, curb and gutters, driveway approaches and gidewalks.
Curb ramps will be installed to comply with the guidelines of the Americans with Disabilities
Act (ADA). Attachment D lists all streets in the Phase 2 project.
Rubberized Asphalt Concrete
The City of Palo Alto applied for a grant from the California Integrated Waste Management
Board (CIWMB) to install Rubberized Asphalt Concrete (RAC) on several PCC streets (CMR
214-07). This green technology has a promising future, but due to high bids received on the
Phase 2 project for the RAC treatment and the need to do crack sealing on streets six months in
advance, Public Works Engineering has determined that the streets in the 2008 resurfacing
project would be far more suitable for RAC application. The CIWMB grant is valid for two
years and will be available when the 2008 street maintenance project contract is awarded.
Project Coordination
Staff continues to meet monthly coordinating projects citywide. Streets planned for resurfacing
were either postponed due to utility projects or accelerated as a result of obtaining federal/state
funding.
CMR:251:07 Page 3 of 6
The 2007 Water Main Replacement Project has coordinated eight continuous blocks of Colorado
Avenue to receive a cape seal within 3 months of installing the new main line and services. This
street has also received new sidewalks, sanitary sewer work and is the part of the latest electrical
undergrounding district. Colorado Avenue, included in Phase 1, has been targeted for several
years to prevent trenching in newly repaved streets. Also, 17 continuous blocks of Middlefield
Road from Colorado Avenue to San Antonio Road will receive a cape seal as the roadway base
failures were repaired a few months ago. Cape sealing the large sections of roadway along
Colorado Avenue and Middle field Road will include weekend work to minimize disruption as
much as possible and will be coordinated with the community and with Transportation.
The Phase 2 work was coordinated with the Utilities Department and Public Works operations
staff by meeting independently with the project managers that may have an impact on the project
directly. The Gas Utility is accelerating its main and gas service installation on Newell Road
before the paving begins this summer.
Staff has made it a priority to ensure newly paved streets are not trenched unless there is a
private development project and/or emergency work which could not be scheduled in advance of
street paving.
Bid Process
Phase 1
A notice inviting formal bids for the 2007 Street Maintenance Program Phase 1 was posted at
City Hall March 26, 2007 and sent to 10 builders’exchanges and 12 bidders. The bidding period
was 29 days. Bids were received from four qualified contractors on April 24, 2007 as listed on
the attached bid summary (Attachment E). Bids encompassing a base bid plus 2 add alternates
ranged from a low bid of $763,891 to a high of $1,138,559.
The low bid is 17 percent under the engineer’s estimate of $668,766. The engineer’s estimate
was based on a standard rate of 3% to 5% inflation increase in costs received on the prior street
maintenance project in 2006.
Summary of Bid Process
Bid Name/Number 2007 Street Maintenance Program Phase 1 / IFB #121302
Proposed Length of Project 60 calendar days
Number of Bids Mailed to 12
Contractors
Number of Bids Mailed to Builder’s 10
Exchanges
Total Days to Respond to Bid 29
Pre-Bid Meeting?No
Number of Company Attendees at N/A
Pre-Bid Meeting
Number of Bids Received:4
Bid Price Range (including all Low bid$763,891toahighof$1,138,559
alternates)
The Certification of Nondiscrimination is Attachment G.
CMR:251:07 Page 4 of 6
Staff recommends that the base bid $383,362, including add alternate number 2 in the amount of
$173,451 and totaling $556,812 submitted by Bond Blacktop Inc. be accepted and that Bond
Blacktop Inc., be declared the lowest responsible bidder. The change order amount of $55,681
(which equals 10% of the total contract) is requested to resolve unforeseen problems and/or
conflicts that may arise during the construction period.
Staff checked references supplied by the contractor for previous work performed and found no
significant complaints. Staff also checked with the Contractor’s State License Board and found
that the contractor has an active license on file.
Phase 2
A notice inviting formal bids for the 2007 Street Maintenance Program Phase 2 was posted at
City Hall on May 2, 2007 and sent to 10 builders’ exchanges and 10 bidders. The bidding
period was 27 days. Bids were received from three qualified contractors on May 29, 2007 as
listed on the attached bid summary (Attachment F). Bids including five add alternates, ranged
from a low bid of $3,186,735 to a high of $3,444,132.
The low bid is six percent over the engineer’s estimate of $3,009,257. The engineer’s estimate
was based on a standard rate of 3% to 5% inflation increase in costs received on the prior street
maintenance project in 2006.
Bid Name/Number
Proposed Length of Project
Number of Bids Mailed to
Contractors
Number of Bids Mailed to Builder’s
Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at
Pre-Bid Meeting
Number of Bids Received:
Bid Price Range (including all 5
alternates)
Summary of Bid Process
2007 Street Maintenance Program Phase 2 / IFB #121303
120 calendar days
10
10
28
No
N/A
3
Low bid $3,186,735 to a high of $3,444,132
The Certification of Nondiscrimination is Attachment H.
Staff recommends that the base bid only of $2,101,185 submitted by C.F. Archibald Paving, Inc.
be accepted and that C.F. Archibald Paving, Inc., be declared the lowest responsible bidder. The
change order amount of $210,118 (which equals 10% of the total contract) is requested to resolve
unforeseen problems and/or conflicts that may arise during the construction period.
Staff checked references supplied by the contractor for previous work performed and found no
significant complaints. Staff also checked with the Contractor’s State License Board and found
that the contractor has an active license on file.
CMR:251:07 Page 5 of 6
Following the award of contract, businesses and residents affected by both the Phase 1 and Phase
2 projects will be notified. The contractor will also hand deliver door hanger notices seven days
and 24 hours in advance of the construction work on each street. Work is expected to start in
July 2007 and be complete in 120 days from the Notice to Proceed for both projects.
RESOURCE IMPACT
Due to the size of these annual maintenance projects, City staffing levels are not adequate to
accomplish the construction work in-house. In addition, the City does not own the type of
equipment needed to perform this work and staff believes that it is cost effective to have the
work performed by outside contractors.
Funds for the projects are included in the Street Maintenance Capital Improvement Program
(CIP) Project PE-86070, from the Planning Department’s Traffic Calming CIPs PL-00026 and
PL-04010, Community Services Department Foothills Park Improvements OS-70000, and
Water Quality Control Plant operating budget for its share in the cost of resurfacing the plants
parking area. Included in the project budgets are grant funds from Surface Transportation
Program (STP) in the amount of $557,000 and Safe Routes to School (SR2S) funds of $123,965.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This project has been determined to have no significant effect on the environment and to be
categorically exempt from review under the California Environmental Quality Act (CEQA) as
repair and maintenance of existing streets and similar facilities pursuant to CEQA Guidelines,
Section 15301 (c).
ATTACHMENTS
Attachment A:Contract Phase 1
Attachment B:Contract Phase 2
Attachment C:List of Streets, Phase 1
Attachment D:List of Streets, Phase 2
Attachment E:Bid Summary, Phase 1
Attachment F:Bid Summary, Phase 2
Attachment G:Certification of Nondiscrimination, Phase 1
Attachment H:Certification of Nondiscrimination, Phase 2
PREP ARED BY:
Elizab~ Ames
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Senior Engineer
GLI~4qN S.~R~OBERTS "~"
EMIL yr~’~RR~I S--ON
Assistant City Manager
CMR:251:07 Page 6 of 6
ATTACHMENT A
FORMAL CONTRACT
CONTRACT No. C08121302
(Public Work)
Public Works Department
SECTION 500
This Contract, number C08121302. dated is entered into by and between the City of Palo Alto, a
California Charter City ("City"), and Bond Blacktop, Inc. ("Contractor").
For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this
Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project: 2007 Street Maintenance Program Phase 1, Invitation for Bids (IFB) Number 121302.
Bid:$556,812.45 (Five hundred fifty-six thousand eight hundred twelve dollars and 45 cents - total
includes Base Bid and Add Alternate #2 only)
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the
City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these documents and the provisions
thereof are set forth in the following descending order of precedence.
ao This Contract.
Invitation for Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other.Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version).
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the
Contract Specifications and the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications
(most current version), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s
invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation For Bid 0n terms and conditions and in amounts as may be required bythe
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the
personal property of any person performing labor or services or supplying materials or equipment under the
Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting
coverage required under this Contract on or before the Date of Execution. The certificates and endorsements
for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its
CITY OF PALO ALTO CONTRACT C08121302 PAGE 1 OF 7rev. 12/00
FORMAL CONTRACT SECTION 500
behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this
Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penaltiesl suits, or judgments, arising, in whole or in part, directly or
indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts
or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is
required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability
on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise
from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers,
employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or
liens made or filed by reason of any work performed by Contractor under this Contract at any time during the
term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations Under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in
connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract,
under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. ~9601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. ~6901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. ~2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, ~25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, ~25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, ~25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, ~25280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
7o Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of
City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by
City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by
Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any
other provision, nor shall any custom or practice which may arise between the parties in the administration of
any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the
performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9o No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right
of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift
that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory
manner in compliance with the Contract requirements.
10.Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force
pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or
other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any
Law of any public agency or official as well as with any provision of all recorded documents affecting the Project
site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws
pertaining to nondiscrimination in employment and hazardous materials.
11.Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before thg
Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation for
Bid.
CITY OF PALO ALTO CONTRACT C08121302 PAGE 2 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
ao Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials are
required;
Co Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year
after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be
filed, on the date that final payment is made hereunder;
do Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
g°
h°
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true
and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to
the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes between Contractor and Citywhich would materially affect
Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
certifications, and other written information as may be requested of Contractor by City from time to
time during the term of this Contract;
k°Contractor and any person performing labor and services under this Project are duly licensed by the
State of California as required by California Business & Professions Code Section 7028, as amended;
and
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
13.Ass .qnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not
be assigned by Contractor. Any attempted assignment shall be null and void.
14.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contractshatl be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or
required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim
to City.
15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
CITY OF PALO ALTO CONTRACT C08121302 PAGE 3 OF 7rev. 12/00
FORMAL CONTRACT SECTION 500
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related
and Work-related writings and business records, as such terms are defined in California Evidence Code
Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no
such hours, during the regular business hours of City.
16.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and
shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States
mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission,
if sent to the telephone FAX number set forth below during regular business hours of the receiving party and
followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and
service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Public Works Department
Engineering Division
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
To Contractor:
Attn: Elizabeth Ames, Project Manager
Bond Blacktop, Inc.
P.O. Box 616
Union City, CA 94587
Attn: Ed Dillon
17.
18.
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with applicable
Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are
not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are
only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This
Section 17 shall control in the event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto, Dept. of Public
Works Standard Drawings and Specifications (most current version) of this Contract are incorporated
herein by reference.
CITY OF PALO ALTO CONTRACT C08121302 PAGE 4 OF 7
rev. 12/00
,FORMAL CONTRACT SECTION 500
e. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
fo Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
go Incorporation of Documents. All documents constituting the Contract documents described in Section
3 hereof and all documents which may, from time to time, be referred to in any duly executed
amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part
of this Contract. ~
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required of or permitted by either party. All provisions, whether
covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or
other writing, which authorizes any director, officer or other employee or partner to act for or in behalf
of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as
an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to
any rights and benefits accorded or accruing to the City Council members, officers or employees of
City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply
to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on a
Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be
extended to the following Business Day°
p°Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising
out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation;
however, if any party should commence litigation before the conclusion of mediation, such litigation,
including discovery, shall be stayed pending completion of mediation, and by executing this Contract
the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule
1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of
California, as such rules may be amended from time to time. The parties shall share the cost of the
mediation, including the mediator’s fee, equally. Any written agreement reached in mediation shall be
enforceable pursuant to California Code of Civil Procedure § 664.6, as amended.
q°Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
CITY OF PALO ALTO
rev. 12/00 CONTRACT C08121302 PAGE 5 OF 7
FORMAL CONTRACT SECTION 500
such action shall be vested exclusively in the state courts of California in the County of Santa Clara or
in the United States District Court for the Northern District of California.
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure
§ 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue, and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors to
include those provisions in any sub-contracts or major material purchase agreements, such that any
mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier
will be consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor
or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of
Palo Alto, County of Santa Clara, State of California on the date first stated above.
APPROVED AS TO FORM:CITY OF PALO ALTO
Senior Assistant City Attorney Assistant City Manager
APPROVED:CONTRACTOR:
Director of Administrative Services
Director of Public Works
By:
Name:
Title:
By:
Name:
Title:
(Compliance with California Corporations Code ~ 313 is required
if the entity on whose behalf this contract is signed is a
corporation. In the alternative, a certified corporate resolution
attesting to the signatory authority of the individuals signing in
their respective capacities is acceptable)
CITY OF PALO ALTO CONTRACT C08121302 PAGE 6 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF .)
COUNTY OF )
On , before me,
a notary public in and for said County, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their, authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF PALO ALTO
rev. 12/00 CONTRACT C08t21302 PAGE7 OF7
ATTACHMENT B
FORMAL CONTRACT SECTION 500
CONTRACT No. C08121303
(Public Work)
Public Works Department
This Contract, number C08121303 dated is entered into by and between the City of Palo Alto, a
California Charter City ("City"), and C.F. Archibald Pavinq, Inc. ("Contractor").
For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this
Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project:2007 Street Maintenance Program, Phase 2, Invitation for Bids (IFB) Number
121303.
Bid:$2,101,185.00 (Two million one hundred one thousand one hundred eighty-five)
(Award of base bid only).
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the
City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these documents and the provisions
thereof are set forth in the following descending order of precedence.
This Contract.
Invitation for Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version)°
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the
Contract Specifications and the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications
(most current version), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s
invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the
personal property of any person performing labor or services or supplying materials or equipment under the
CITY OF PALO ALTO CONTRACT C08121303 PAGE 1 OF 7rev. 12/00
FORMAL CONTRACT SECTION 500
Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting
coverage required under this Contract on or before the Date of Execution. The certificates and endorsements
for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its
behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this
Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or
indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts
or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is
required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability
on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise
from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers,
employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or
liens made or filed by reason of any work performed by Contractor under this Contract at any time during the
term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in
connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract,
under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. ~9601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. ~6901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. ~26(~1-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, ~25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, ~25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, ~25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, ~25280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as maybe caused by the sole willful act or negligent act or omission of
City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by
City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by
Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any
other provision, nor shall any custom or practice which may arise between the parties in the administration of
any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the
performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right
of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift
that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory
manner in compliance with the Contract requirements.
10.Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force
pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or
other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any
Law of any public agency or official as well as with any provision of all recorded documents affecting the Project
site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws
pertaining to nondiscrimination in employment and hazardous materials.
CITY OF PALO ALTO CONTRACT C08121303 PAGE 2 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
11. Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the
Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation for
Bid,
12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
ao Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Co
do
h=
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials are
required;
Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year
after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be
filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true
and correct at the t me such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to
the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
j=
ko
There are no unresolved claims or disputes between Contractor and Citywhich would materially affect
Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
certifications, and other written information as may be requested of Contractor by City from time to
time during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by the
State of California as required by California Business & Professions Code Section 7028, as amended;
and
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
13.Ass .qnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not
be assigned by Contractor. Any attempted assignment shall be null and void.
14.Claims of Contractor: All claims pertaining to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or
required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim
CITY OF PALO ALTO CONTRACT C08121303 PAGE 3 .OF 7rev. 12/00
FORMAL CONTRACT
to City.
SECTION 500
15.
16.
Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related
and Work-related writings and business records, as such terms are defined in California Evidence Code
Sections 250 and 127!, as amended, during the regular business hours of Contractor, or, if Contractor has no
such hours, during the regular business hours of City.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and
shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States
mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission,
if sent to the telephone FAX number set forth below during regular business hours of the receiving party and
followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and
service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Public Works Department
Engineering Division
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
To Contractor:
Attn: Elizabeth Ames, Project Manager
C.F. Archibald Paving, Inc.
P.O. Box 37
Redwood City, CA 94064
Attn: Curtis Archibald
17.
18.
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article Ill, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with applicable
Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are
not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are
only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This
Section 17 shall control in the event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
d.Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto, Dept. of Public
CITY OF PALO ALTO CONTRACT C08121303 PAGE 4 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
Works Standard Drawings and Specifications (most current version) of this Contract are incorporated
herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in Section
3 hereof and all documents which may, from time to time, be referred to in any duly executed
amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part
of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract Shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required of or permitted by either party. All provisions, whether
covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or
other writing, which authorizes any director, officer or other employee or partner to act for or in behalf
of Contractor or which authorizes Contractor to enter into this Contract.
mo
no
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as
an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to
any rights and benefits accorded or accruing to the City Council members, officers or employees of
City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply
to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on a
Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be
extended to the following Business Day.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising
out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation;
however, if any party should commence litigation before the conclusion of mediation, such litigation,
including discovery, shall be stayed pending completion of mediation, and by executing this Contract
the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule
1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of
California, as such rules may be amended from time to time. The parties shall share the cost of the
mediation, including the mediator’s fee, equally. Any written agreement reached in mediation shall be
enforceable pursuant to California Code of Civil Procedure § 664.6, as amended.
CITY OF PALO ALTO CONTRACT C08121303 PAGE 5 OF 7rev. 12100
FORMAL CONTRACT SECTION 500
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of California in the County of Santa Clara or
in the United States District Court for the Northern District of California.
ro Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure
§ 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue, and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors to
include those provisions in any sub-contracts or major material purchase agreements, such that any
mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier
will be consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor
or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of
Palo Alto, County of Santa Clara, State of California on the date first stated above.
APPROVED ASTO FORM:CITY OF PALO ALTO
Senior Assistant City Attorney Assistant City Manager
APPROVED:CONTRACTOR:
Director of Administrative Services
Director of Public Works
By:.
Name:
Title:
By:
Name:
Title:
(Compliance with California Corporations Code ~ 313 is required
if the entity on whose behalf this contract is signed is a
corporation. In the alternative, a certified corporate resolution
attesting to the signatory authority of the individuals signing in
their respective capacities is acceptable)
CITY OF PALO ALTO CONTRACT C08121303 PAGE 6 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
¯ CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF .)
COUNTY OF )
On , before me,.
a notary public in and for said County, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF PALO ALTO
rev. 12/00 CONTRACT C08121303 PAGE 7 OF 7
ATTACHMENT C
2007 STREET MAINTENANCE PROGRAM PHASE 1
LIST OF STREETS
1
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24
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26
27
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32
33
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39
CAPE SEAL STREETS ONLY
STREET NAME
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Colorado Avenue
Maybell Avenue
Maybell Avenue
Maybell Avenue
Maybell Avenue
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
, Middlefield Road
Middlefield Road
Middlefield Road
Middlefield Road
BEGIN
alma street
High Street
Emerson Street
Ramona Street
Bryant Street
South Court
Waverley Street
Kipling Street
Middlefield Road
Midtown Court
Randers Court
Ross Road
Sevyson Court
Louis Road
Sandra Place
Clara Drive
Greer Road
Higgins Place
Simkins Court
Donald Drive
Driscoll Court
Maybell Way
Frandon Court
Colorado Avenue
Sutter Avenue
Towle Way
Wellsbury Way
Layne Court
Loma Verde Avenue
Toyon Place
Saint Claire Drive
Ames Avenue
Ashton Avenue
Christine Drive
East Meadow Drive
Mayview Avenue
Ensign Way
E. Charleston Road
Montrose Avenue
END
High Street
Emerson Street
Ramona Street
Bryant Street
South Court
Waverley Street
Kipling Street
Cowper Street
Midtown Court
Randers Court
Ross Road
Sevyson Court
Louis Road
Sandra Place
Clara Drive
Greer Road
Higgins Place
Simkins Court
W. Bayshore Road
Driscoll Court
Maybell Way
Frandon Court
Coulombe Street
Sutter Avenue
Towle Way
Wellsbury Way
Layne Court
Loma Verde Avenue
Toyon Place
Saint Claire Drive
Ames Avenue
Ashton Avenue
Christine Drive
East Meadow Drive
Mayview Avenue
Ensign Way
E. Charleston Road
Montrose Avenue
Keats Court
4O
41
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43
44
45
46
47
48
49
ATTACHMENT C
2007 STREET MAINTENANCE PROGRAM PHASE 1
LIST OF STREETS
Middlefield Road
North California Avenue
Ramona Street
Seale Avenue
Seale Avenue
Seale Avenue
Seale Avenue
Seale Avenue
Toyon Place
WQCP
Keats Court
newell road
Colorado Avenue
Middlefield Road
Newell Road
Mark Twain Street
Bret Harte Street
Barbara Drive
Middlefield Road
San Antonio Avenue
louis
End
Newell Road
Mark Twain Street
Bret Harte Street
Barbara Drive
~End
End
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SLURRY SEAL STREETS ONLY
STREET NAME
Arrowhead way
Aztec way
Barbara Drive
Bret Harte
Cardinal Way
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Greer Road
Indian Drive
Indian Drive
Indian Drive
Lawrence lane
Mark Twain
BEGIN
Indian Way
Arrowhead Way
Seale Avenue
Seale Avenue
Indian Way
Amarillo Avenue
Metro Circle
Van Auken Circle
Moffett Circle
Lawrence Lane
Colorado Avenue
Maddux Drive
Greer Cul-de-Sac5
Morris Drive
Loma Verde Avenue
Kenneth Drive
Thomas Drive
Janice Way
Thomas Drive
Kenneth Drive
Janice Way
Louis Road
Oregon Expressway
Arrowhead Way
Cardinal Way
Greer Road
Newell Road
END
Aztec Way
Cardinal Way
North California Avenue
end
Aztec Way
Metro Circle
Van Auken Circle
Moffett Circle
Lawrence Lane
Colorado Avenue
Maddux Drive
Greer Cul-de-Sac5
Morris Drive
Loma Verde Drive
Kenneth Drive
Thomas Drive
Janice Way
Thomas Drive
Kenneth Drive
Janice Way
Louis Road
End
Arrowhead Way
Cardinal Way
Moreno Avenue
end
end
ATTACHMENT C
2007 STREET MAINTENANCE PROGRAM PHASE 1
LIST OF STREETS
28 Metro Circle Greer Road Metro Circle
29 Metro Circle Metro Circle Metro Circle
30 Moffet Circle Greer Road Greer Road
31 Morris Drive Maddux Drive Greer Road
32 Van Auken Circle Van Auken Circle Van Auken Circle
33 Van Auken Circle Greer Road Van Auken Circle
34 Warren Way Louis Road end
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
19
21
22
18
20
23
24
25
26
27
28
29
30
31
32
ALT1
ALT 2
ALT 3
ATTACHMENT D
2007 STREET MAINTENANCE PROGRAM PHASE 2
LIST OF STREETS
STREET
Maybell Avenue
Maybell Avenue
Maybell Avenue
Maybell Avenue
Maybell Avenue
PHASE 2: OVERLAY STREETS
FROM
Coulombe Drive
Amaranta Avenue
Clemo Avenue
Abel Avenue
Baker Avenue
Foothills Park as marked by engineer
Children’s Library and Alley Work
Newell Road
Newell Road
Newell Road
Newell Road
Newell Road
Newell Road
Newell Road
iNewell Road
Homer Avenue
Homer Avenue
Homer Avenue
Homer Avenue
Homer Avenue
Bryant Street
Waverly Street
High Street
High Street
Forest Avenue
Forest Avenue
Forest Avenue
Channing Avenue
Channing Avenue
Channing Avenue
Channing Avenue
Channing Avenue
Bryant Street
Channing Avenue
Ramona Street
Hamilton Avenue
Dana Avenue
Kings Lane
Pitman Avenue
Newell Place
Channing Avenue
Greenwood Avenue
Hopkins Avenue
Alma Street
High Street
Emerson Street
Ramona Street
Bryant Street
Homer Avenue
Homer Avenue
Homer Avenue
Channing Avenue
Alma Street
High Street
Emerson Street
Alma Street
High Street
Emerson Street
Ramona Street
Bryant Street
Forest Avenue
Webster Street
Forest Avenue
TO
Amaranta Avenue
Clemo Avenue
Abel Avenue
Baker Avenue
Thain Way
Dana Avenue
Kings Lane
Pitman Avenue
Newell Place
Channing Avenue
Greenwood Avenue
Hopkins Avenue
Embarcadero Avenue
High Street
Emerson Street
Ramona Street
Bryant Street
Waverly Street
Channing Avenue
Channing Avenue
Channing Avenue
Addison Avenue
High Street
Emerson Street
Ramona Street
High Street
Emerson Street
Ramona Street
Bryant Street
Waverly Street
Homer Avenue
Middlefield Road
Homer Avenue
LLI ~
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ATTACHMENT G
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT: 2007 Street Maintenance Proqram Phase 1
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto
in excess of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in
the performance of this contract they will not discriminate in employment of any person because of
race, skin color, gender, age, religion-, disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such person; and further certify that they
are in compliance with all Federal, State and local directives and executive orders regarding
nondiscrimination in employment.
Firm:. Bond Blacktop, Inc.
Title ofOfficer Signing:President
Signature:
DATE: 4/24/07
Edward Dillon
CITY OF PALO ALTO IFB 121302 PAGE 1 OF 1
ATTACHMENT H
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT: 2007 Street Maintenance Proqram Phase 2
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto
in excess of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in
the performance of this contract they will not discriminate in employment of any person because of
race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such person; and further certify that they
are in compliance with all Federal, State and local directives and executive orders regarding
nondiscrimination in employment.
Firm: ~ ,~.
Title of Officer
Signature:
CITY OF PALO ALTO IFB 121303 PAGE 1 OF 1